MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 15 August 2002
         DOCKET NUMBER: AR200202019

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Mr. Walter Avery		Analyst

The following members, a quorum, were present:

Mr. John N. Slone		Chairperson
Ms. Irene N. Wheelwright		Member
Mr. Jose A. Martinez		Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

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APPLICANT REQUESTS: In effect, that his records be corrected to show that he was awarded the Purple Heart.

APPLICANT STATES: That he was injured by the explosion of a white phosphorous grenade in Korea on 29 June 1952. In support of his application, he submits a copy from what appears to be a page from a 279^th Infantry organization history book and various medical records.

EVIDENCE OF RECORD: The applicant's military records show:

He initially entered the Regular Army on 16 January 1951, and completed training as an infantryman. He was honorably separated on 15 January 1954, re-enlisted on 16 January 1962, was honorably separated on 15 January 1965, and again re-enlisted on 14 January 1971, and served until his retirement on 30 June 1976, in pay grade E-7. He had completed a total of 21 years, 2 months and 17 days of creditable active service. His separation documents show no lost time.

He served in Korea from approximately August 1952 through January 1954 while assigned to Company A, 279^th Infantry Regiment, 45^th Infantry Division, and served two tours in Vietnam from October 1969 to November 1970 and June 1971 to November 1972.

His awards include the Bronze Star Medal, the Meritorious Service Medal, the Army Commendation Medal with 1^st oak leaf cluster, the Army Good Conduct Medal (5^th award), the Army of Occupation Medal with Japan clasp, the National Defense Service Medal with 1 bronze service star, the Korean Service Medal with 2 bronze service stars, the Armed Forces Expeditionary Medal, the Vietnam Service Medal, the Vietnam Campaign Medal with 1960 device, the United Nations Service Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the Combat Infantryman Badge, and the Sharpshooter Badge with rifle and pistol bars.

His separation documents, which are authenticated in his own hand, do not show the Purple Heart as an authorized award.

There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart. There also is no evidence in his records that he was wounded or treated for wounds as a result of hostile action. Neither his DA Form 20 (Enlisted Qualification Record) nor his DA Form 2-1 (Personnel Qualification Record) show any entry for wounds or list the Purple Heart as an authorized award. Item 9 of the DA Form 2-1, does reflect the Sharpshooter Badge with rifle and pistol bars that are not reflected on his DD Form 214. The DD Form 214 does not reflect that on 25 June 1976, he was awarded the Army Commendation Medal with 2nd oak leaf cluster.
The applicant’s name is not listed as a casualty in the hospital admission files created by the Office of the Surgeon General, Department of the Army, for the Korean War period.

The medical records submitted by the applicant reflect that on 29 June 1952, while in Korea, he suffered first and second degree burns after he tripped on a white phosphorous grenade.

Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

The same regulation provides that a bonze service star, based on qualifying service for each campaign listed in Appendix B of this regulation, will be worn on the appropriate service medal. A silver service star is worn instead of five bronze service stars. In the applicant’s case, he is entitled to credit for the Vietnam Summer-Fall 1969, Vietnam Winter-Spring 1970, Vietnam Counter Offensive Phase VII, Consolidation I and Consolidation II, and the Vietnam Cease-Fire Campaigns.

DA Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists units, which have been awarded unit citations, battle credit and foreign awards. The register shows that the unit to which the applicant was assigned in Korea, the 279^th Infantry Regiment, 45^th Infantry Division, was awarded the Republic of Korea Presidential Unit Citation for the period 10 December 1951 through 31 July 1953 per Department of the Army General Orders 30, 1954.

As a matter of information, on the occasion of the 50^th anniversary of the Korean War, the Government of the Republic of Korea issued the Korea War Service Medal to pay tribute to eligible Korean War veterans for their historic endeavors to preserve the freedom of the Republic of Korea and the free world. On 20 August 1999, the Department of Defense approved acceptance and wear of this foreign service award to eligible US veterans of the Korean War, or their surviving next of kin. The medal is provided at no cost to veterans.









DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1. The applicant has provided no evidence and the record contains no evidence showing that he was wounded as a result of enemy action and is entitled to the Purple Heart. Notwithstanding the information contained in the extract from the historical records of the 279^th Infantry Regiment that he submitted showing that he was wounded in action, no official records were found to confirm this information.

2. The medical records submitted in support of his request for the Purple Heart show that his injury was incurred in an accident by tripping over a hand grenade and as such does not meet the criterion for award of the Purple Heart.

3. Accidental injuries, even though they may occur in a combat zone, that are not directly attributable to an act of the enemy, are not considered wounds received in action and do not entitle the individual to the Purple Heart.

4. Nonetheless, in reviewing his case it was noted that he is entitled to 1 silver and 1 bronze service star to be worn on his Vietnam Service Medal, the Army Commendation Medal with 2nd oak leaf cluster, the Republic of Korea Presidential Unit Citation, and the Sharpshooter Badge with rifle and pistol bars, and is entitled to a correction of his records to show these awards. Accordingly, the Army Review Board Agency Support Division, St. Louis will be requested to issued him a correction to his separation document reflecting these awards.

5. The Department of Defense assigned responsibility to the Department of the Air Force for distribution of the Korean War Service Medal to eligible veterans or their surviving next of kin. To apply, veterans must submit a copy of their discharge paper (DD Form 214) to the Awards and Decorations Section, Headquarters, Air Force Personnel Center, 550 C Street West Suite 12, Randolph Air Force Base, Texas 78150-4714. A sample request form is being provided to the applicant. Once the Department of the Air Force has authorized the Korean War Service Medal, the applicant may apply to the Army Board for Correction of Military Records to add this foreign award to his or her
DD Form 214.








6. In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

NOTE: The Army Review Boards Agency Support Division, St. Louis, is requested to correct the records of the individual concerned by showing that he was awarded 1 silver and 1 bronze service star to be worn on his Vietnam Service Medal, the Army Commendation Medal with 2nd oak leaf cluster, the Republic of Korea Presidential Unit Citation, and the Sharpshooter Badge with rifle and pistol bars.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

___inw___ ___jns __ ___jam__ DENY APPLICATION

                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records

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INDEX

CASE ID	AR2002072019
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20020815
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1.	107.0015.0000
2.
3.
4.
5.
6.